Legal Question in Family Law in India
divorce
dear sir,
i am 24 year old govt. emploee. one year ago i was forcibly married on gun point to a girl of same caste. her father kept me threatning throughout but now i have fed up and want to divorce her at any cost. sir, i had also informed the district civil court in written about the whole incident in written by what you call as ''sanah'' in hindi after consulting a lawyer. that time i could not inform the police due to fear and threat to my and my relatives. please advice how difficult will it be to divorce her and do i be needed to pay the compensation after divorce. and most importantly, as a govt. employee will it effect my job. that is to say if the other party blames me of demanding dowry than what should be my reaction. please help me as i am the only earner of my family after my fathers death.
yours truly
amit(not a real name)
4 Answers from Attorneys
Re: divorce
You can file a petition under sec 12 of Hindu Marriage Act.Since the concent has been obtained by way of force as such you've already intimated this fact in writin as 'sanah' as such there is no delay from your part.This marriage is voidable and be set-aside by way of filing of petition & in such a situation you need not pay the compensation as she is not entitled for the same but the maintanece pendente lite can be allowed against you, but she's not entitled the amount permanantly from you and the complaint for dowry can also be set aside because of the reason stated above, it'll not effetc you Govt job.
Re: divorce
You have not indicated your religion and your present place of residence as well as the place where you were married. These re vital information.
However, based on information given by you, you may immediately file a petition for divorce; which may be granted in course of time.
Normally, you may also be liable to pay alimony / maintenance depending on your income, unless you can prove that your wife has seperate income of her own.
To avoid police action by your wife u/s 498A of CrPC, you may also have to file an application for anticipatory bail.
No it should not affcet your government job.
Re: divorce
You can initiate a legal process by filing a suit for divorce, on the ground of fraud and coercion played against you at the time of marriage, which you need to prove conclusively to get a relief.
Re: divorce
I assume that you and your wife are hindus. it should be possible for you to get divorce REALLY VERY QUICKLY LEGALLY with FINALITY. ALSO YOU CAN GET LUMPSUM COMPENSATION AMOUNT FOR YOURSELF
Please provide the following:
1. Your& your wifes' name and respective fathers' name and complete postal address.If you have children? then THE NAME AND SEX AND AGE OF THE CHILD.
2. date and place of marriage.also marriage was as per hindu custom and whether registered or not.
You can provide all details alongwith payment of Rs 5000/- for A COMPREHENSIVE STRATEGY AND LEGAL OPINION EMAILED/ COURIERED TO YOU. Payment can be made online also to me.
Contact:
Mr S.Seshadri,
Aiyyangar & Associates, Advocates,
7A, Queens Court, 130, Montieth Road,
Egmore, Chennai 600008.. email: [email protected]/ [email protected]
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